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Suffield against Baskervil

Nominate Series English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1793
Date01 January 1793
CourtHigh Court

English Reports Citation: 86 E.R. 926

IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Simpson against Ellis

[36] case 22. simpson against ellis. A sheriff's bond shall be intended good, unless on oyer, it be shewn contrary to the 23 Hen. 6, c. 10. Debt upon a bond by the plaintiff, who was chief bailiff of the liberty of Potite-fract in Yorkshire ; but he did not declare as capital, ballivus. But yet by the whole Court it was held good ; for otherwise the defendant might have craved oy&r, and have it entered in hcec verba, and then have pleaded (a) the statute of 23 Hen. 6, c. 10, that it was taken colore, officii(b); but now it shall be intended good upon the demurrer to the declaration. (a) But see the case of Thorpe v. Thorpe, 1 Salk. 171, where this resolution is denied to be law. (a) Cook v. Herle, post, 138. Vaugh. 32. 10 Mod. 154. Ld. Ray. 1242, 1419. (ft) But this statute need not now be pleaded; for it is adjudged to bo a public Act. Samuel v. Evans, 3 Term Rep. 569. (V) 1 Saund. 161. 1 Sid. 383. Latch, 143. 2 MOD. 87. EASTER TERM, 27 CAR. 2. IN C. B. 927 And Ellis, Justice, said, that so it was lately resolved in this Court in the case of one Conquest.-And judgment was given for the plaintiff'.

English Reports Citation: 86 E.R. 927

IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Suffield against Baskervil

case 24. suffield against baskervil. If a bond contain only a proviso, and no express covenant, a breach cannot be assigned. Debt upon a bond for performance of all covenants, payments, &c. In an indenture of lease, wherein the defendant, for and in consideration of four hundred pounds lent him by the plaintiff, granted the land to him for ninety-nine years, if G. so long lived, provided if he pay sixty pounds per annum quarterly, during the [37] life of (jr. or shall, within two years after his death, pay the said four hundred pounds to the plaintiff, then the indenture to be void, with a clause of...

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